need some details and rule for the property
2 years ago
Hello sir, I am chidambaram, My father passed away recently i need a small clarification about the owning of the property,
the property is named and owned by my grand parents whom passed away, both legal heirs for the property, youngest one is my father, who taking care my grand parents for 20 years and maintaing the property for 20 yrs like paying property tax and water tax and eb bill and all expensens. the elder brother of my father doesnt take care for any of responsibilities until their death, recently my father is also passed away and the elder brother my father required all of the documents which we will done for the property,
and now he is not willing to sell the property or else he doesn't involve in our family poverty sitution and not done any of the help to my family also.
so the clarification what I need is If the heir not taking care for the their parents doest get the right for any of the assets for him
I literally hear it some month before, so i need some clarification and what the rule is?
And else we having no proper evidence for it but some how the neighbour people and relatives have to support for ourselves.
only the receipt of certain year of property tax and water tax for it.
we cant able to hire for the advocate.
thank you and please help myself with small clarification and details to me and kindly revert me back.
Both your father and his brother get equal share if you file partition suit irrespective of who has taken care of your grandfather. You cannot deny the share of your senior uncle because he did not taken care of his father. If you are in possession of the property then ask him to go to the Court and prolong the matter for years together and thus enjoy the property.
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There is no such prohibition for asserting a claim over ancestral property. Therefore, your uncle can still have a right over the property even if he didn't care of your grandparents. This right is invested by the virtue of belonging to Class I heir as procured through S. 8 and 15 of the Hindu Succession Act.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since your father is a Class I heir, he can file a suit for partition before the civil judge's court. Your uncle not taking care of your grandparents does not qualify as a legal defense to oust him from the partition. Secondly, you only have a claim to the property if the property belonging to your grandparents is ancestral in nature.
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